Victorian Current Acts

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WORKING WITH CHILDREN ACT 2005 - SECT 45

Offences by unincorporated bodies, partnerships etc.

    (1)     If this Act provides that a person, being an unincorporated body or association or a partnership, is guilty of an offence, that reference to the person must—

        (a)     in the case of an unincorporated body or association—be read as a reference to each member of the committee of management of the body or association who knew of, or knowingly authorised or permitted, the commission of the offence; and

        (b)     in the case of a partnership—be read as a reference to each member of the partnership who knew of, or knowingly authorised or permitted, the commission of the offence.

    (2)     If, in a proceeding for an offence against this Act, it is necessary to establish the state of mind of an unincorporated body or association or a partnership in relation to particular conduct, it is sufficient to show that—

        (a)     the conduct was engaged in by an employee or agent of the unincorporated body or association or the partnership within the scope of his or her actual or apparent authority; and

        (b)     the employee or agent had that state of mind.



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